Scope of the Problem with Proximate Cause

Scope of the Problem with Proximate Cause

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One of the common issues dealing with proximate cause lies with the term itself. For a long time, there has been an increased discussion as to the term "proximate" being put before the word cause, referring to an 'actual' cause leading to a legal issue.

In general, the term proximate is defined as near, or close, so to apply it to a legal term that is supposed to describe an actual cause may seem misleading. However, this is perhaps seen as one of the minor issues due the fact that an extensive understanding of the term over many years in the court systems

Numerous discussions deal with the reach of proximate cause as a general extent, to where causes may be determined. Two of these contradicting theories encounter the scope of liabilitynegligent

The issues in determining proximate cause also deal with the following: the simple fact of determining the culpability of the defendant in bringing an injury to a plaintiff, also the disbursement of damages regarding the injury, liability as it pertains to foreseeable consequences, and also any additional contributing parties to the injury. All these problems contribute to a great deal of confusion when making a determination of causation in a case, and can delay its outcome.